BALLI PETROCHEMICALS LIMITED versus NATIONAL ALUMINIUM COMPANY LTD.

BALLI PETROCHEMICALS LIMITED versus NATIONAL ALUMINIUM COMPANY LTD.

The arbitration clause clearly allowed the respondent to appoint any person from the panel after the petitioner failed to make a selection; there was no requirement that the successor arbitrator must be a former Chief Justice of India; thus, the challenge to the appointment was not sustainable.

Parties
Petitioner: Balli Petrochemicals Limited; Respondent: National Aluminium Company Ltd.
Jurisdiction
India
Judgment Date
20 January 2009
Procedural Posture
Arbitration Petition / Decision on Appointment of Arbitrator
Outcome
Arbitration petition dismissed
Legal Topics
Appointment of Arbitrator, Interpretation of Arbitration Clause, Replacement of Sole Arbitrator
Arbitration Appointment of Arbitrator Interpretation of Arbitration Clause Replacement of Sole Arbitrator

Case Brief

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Parties

Balli Petrochemicals Limited

Petitioner

National Aluminium Company Ltd.

Respondent

Procedural Posture

Arbitration Petition / Decision on Appointment of Arbitrator

Legal Issues

  1. 1 Whether only a former Chief Justice of India could be appointed as sole arbitrator in succession to a former Chief Justice of India
  2. 2 Whether respondent could appoint a sole arbitrator from a panel when petitioner failed to make a selection

Ratio Decidendi

The arbitration clause clearly allowed the respondent to appoint any person from the panel after the petitioner failed to make a selection; there was no requirement that the successor arbitrator must be a former Chief Justice of India; thus, the challenge to the appointment was not sustainable.

Court Disposition

Arbitration petition dismissed

Orders

  • Application rejected
  • No order as to costs